[76a - 45 lines; 76b - 35 lines]
1)[line 1]ידו על התחתונהYADO AL HA'TACHTONAH- he has the lower hand; i.e., he must pay them the prorated share of the work that they performed, even if the workers hired to complete the job demand a higher rate, and if the workers hired to complete the job received a lower rate then he must give them the difference
2)[line 2]כל הַמְשַׁנֶּה ידו על התחתונהKOL HA'MESHANEH YADO AL HA'TACHTONAH- any [craftsman] who acts differently [from the instructions given to him by the owner of the item] has the lower hand; i.e., the owner need only pay him his expenses (Yetzi'ah) or the increase in the value of the item (Shevach), whichever is the lesser sum (see 77b)
3)[line 2]כל החוזר בו ידו על התחתונהKOL HA'CHOZER BO YADO AL HA'TACHTONAH- The Gemara (77b) offers two ways to explain this seemingly extraneous statement.
4)[line 4]אטעו פועלים אהדדיAT'U PO'ALIM A'HADADEI- workers tricked each other
5)[line 5]אמר ליה בעל הביתAMAR LEI BA'AL HA'BAYIS- the homeowner (i.e., the employer) said to [he who agreed to work for him]
6)[line 6]זיל אוגרZIL OGAR- go and hire
7a)[line 8]בארבעהB'ARBA'AH- [that he was willing to hire workers] for four [Zuz per day]
b)[line 8]בתלתאB'TELASA- [that he was willing to hire workers] for three [Zuz per day]
8a)[line 9]תרעומת מאי עבידתיהTAR'OMES MAI AVIDTEI?- why would they have a grievance?
b)[line 9]סבור וקביל!SAVUR V'KABIL!- they were agreeable and accepted [the wage that was offered to them]!
9)[line 12]שכרכם עליSECHARCHEM ALAI- I am responsible for your wages
10)[line 12]נתיב להו מדידיהNEISIV LEHU MI'DIDEI- he must give them [the difference] from his own [money]
11)[line 13]לעשות בשלוLA'ASOS BESHE'LO- to perform [work] in his own [field]
12)[line 14]שכרו משלםSECHARO MI'SHALEM- his full wages [that were promised him, even if they exceed the going rate]
13)[line 15]נוטלNOTEL- he may take
14)[line 15]מה שההנהוMAH SHE'HEHENEHU- that which he benefited him (i.e., the going rate for workers)
15)[line 16]ולחזי פועלים היכי מיתגרי!V'LEICHZEI PO'ALIM HEICHI MISGEREI!- why do we not look [to determine] the average wage that workers receive?
16)[line 20]טרחינןTARCHINAN- we would have made an extra effort
17)[line 21]בבעל הבית עסקינןB'VA'AL HA'BAYIS ASKINAN- we are dealing with [a case in which the worker who agreed to do the job is] the owner of [his own] field [who would not hire himself out to work for another under normal circumstances]
18)[line 22]הוה זילא בן מילתאHAVAH ZILA BAN MILSA- it would have been beneath our dignity
19)[line 23]בפועלים עסקינןB'FO'ALIM ASKINAN- we are dealing with [a case in which the workers who agreed to do the job are] workers [who are normally hired out to work the field of another, and the going rate is indeed three Zuz per day]
20)[line 25]עבידתא שפירתאAVIDTA SHAPIRTA- an especially good job
21)[line 26]בריפקאB'RIFKA- (the Gemara answers) [the work that they were hired to do was] (a) to dig an irrigation ditch (RASHI); (b) to irrigate the field (RAMBAM cited by HAGAHOS HA'GRA on 76b)
22)[line 27]דמלי מיאD'MALEI MAYA- (the Gemara answers) [(a) the ditch (RASHI); (b) the field (RAMBAM cited by HAGAHOS HA'GRA on 76b)] became filled with water [and it was therefore impossible to determine the quality of the work that had been done]
23)[line 30]לית לך "אַל תִּמְנַע טוֹב מִבְּעָלָיו [בִּהְיוֹת לְאֵל ידיך (יָדְךָ) לַעֲשׂוֹת]"?LEIS LACH "AL TIMNA TOV MI'BE'ALAV [BI'HEYOS L'EL YADECHA LA'ASOS]"?- do you not agree with [the Pasuk], "Do not withhold good from those to whom it is rightfully due [when it is within the power of your hand to give it to them]" (Mishlei 3:27)?
24)[line 31]פשיטאPESHITA- [the following] is clear
25)[line 33]דעתייהו אעילויאDAITAIHU A'ILUYA- their intention is [to receive] the [theoretical] higher price [that may have been offered by the employer, and not to insist on receiving a lower wage]
26)[line 36]אדיבורא דידיה קא סמכיA'DIBURA DIDEI KA SAMCHEI- are they relying on the word of [the agent]?
27)[line 37]מהימנת לןMEHEIMNAS LAN- we trust you
28)[line 39]הבא לי גיטיHAVEI LI GITI - [a wife may tell her delegate,] "bring me my Get" (GET: SHALI'ACH L'HOLACHAH)
(a)A marriage can be dissolved in one of two ways. One is through the death of either spouse. The other is through the presentation of a "סֵפֶר כְּרִיתֻת" "Sefer Kerisus" (lit. document of severance) by the husband to his wife. This document must be placed into her possession ("וְנָתַן בְּיָדָהּ" "v'Nasan b'Yadah") in the presence of two witnesses. (Devarim 24:1) In the language of Chazal, this document is called a Get (pl. Gitin).
(b)A Get may be written upon any surface, such as paper, parchment, shards of pottery, leaves (that will not wither), the hand of a slave, and the horn of a cow. It may not, however, be written upon that which is still growing from the ground.
(c)The main body of a Get consists of the words "Harei At Muteres l'Chol Adam" - "You are hereby free to [marry] whomever you wish." It must also contain the full names of both husband and wife (i.e., their first names along with those of their fathers), their places of residence (or birthplace, according to some), the location of the writing of the Get, and the date. If any of these details is missing or incorrect, then the Get is invalid. (Gitin 34b, Yevamos 91b) The Get must be written Lishmah - with the express intent of using it to divorce the woman mentioned therein. (20a)
(d)One need not hand the Get directly to his wife. He may appoint a Shali'ach (delegate) to bring the Get to her and deliver it in his stead. Such a Shali'ach is termed a "Shali'ach l'Holachah." A woman may also appoint a "Shali'ach l'Kabalah" to receive a Get from her husband (or his Shali'ach). In the case of a Shali'ach l'Kabalah, she becomes divorced as soon as the Shali'ach receives the Get. She may also appoint a Shali'ach to receive the Get for the purpose of bringing it to her. Such a "Shali'ach l'Hava'ah" does not act as her agent; he must first be designated as a Shali'ach l'Holachah by her husband. She will not be divorced until she receives the Get from the Shali'ach.
(e)The Beraisa cited in our Gemara describes the case of a woman who appointed a Shali'ach l'Hava'ah. With the words, "Bring me my Get, "she requests that he ask of her husband to appoint him a Shali'ach l'Holachah.
29)[line 39]ו"אשתך אמרה, 'התקבל לי גיטי'"V'"ISHTECHA AMRAH, 'HISKABEL LI GITI'"- and [the Shali'ach reports that,] "Your wife said, 'Receive my Get [as a Shali'ach l'Kabalah]'" (see previous entry)
30)[line 40]הילךHEILACH- here it is
31)[line 44]מכי מטי גיטא לידהMI'CHI MATI GITA L'YADA- when the Get reaches her hand
76b----------------------------------------76b
32)[line 1]איפכאIPCHA- the opposite case
33)[line 6]אי נמיIY NAMI- or, alternatively [if Rav Nachman had taught in the name of Rabah bar Avuha in the name of Rav]
34)[line 8]משום דעקר שליח לשליחותיה לגמריMISHUM D'AKAR SHALI'ACH L'SHELICHUSEI L'GAMREI- [the reason why she is not divorced when she receives the Get is not because her husband relied on the claim of the Shali'ach, but rather] because the agent completely uprooted his appointment
35a)[line 9]שליח לקבלה הוינאSHALI'ACH L'KABALAH HAVINA- I am willing to be a Shali'ach l'Kabalah [since it does not require any further action]
b)[line 9]להולכה לא הוינאL'HOLACHAH LO HAVINA- [but] I am not willing to be a [Shali'ach] l'Holachah [since this requires me to go through the hassle of bringing it back to the woman who is to receive it]. In a case in which a woman requested that her agent act as her Shali'ach l'Kabalah and he instead acted as a Shali'ach l'Hava'ah, we would not assume that he has uprooted his appointment. This is because it is easier to act a Shali'ach l'Kabalah than it is to act as a Shali'ach l'Holachah.
36)[line 10]איבעית אימאIBA'IS EIMA- alternatively [we may answer explain the meaning of "Hit'u Zeh Es Zeh"] (see 76a)
37)[line 10]"חזרו" נמי "הטעו" קרי ליה"CHAZRU" NAMI "HIT'U" KARI LEI- [the Mishna] refers to "backing out" as "Hit'u" as well
38)[line 12]הטעו את בעל הביתHIT'U ES BA'AL HA'BAYIS- they tricked their employer; i.e., they backed out of the job
39)[line 16]לחהLECHAH- [too] damp [to work in]
40)[line 17]הבא טעוןHA'BA TA'UN- [a donkey driver] who comes [with] laden [donkeys]
41)[line 17]עושה מלאכהOSEH MELACHAH- [a worker] who performed work
42)[line 17]בד"אBAMEH DEVARIM AMURIM- when is it true [that the employer does not owe any money to workers hired to complete a specific job if he backs out of the agreement]?
43)[line 18]שמיןSHAMIN- we assess
44)[line 19]קמה לקצורKAMAH LIKTZOR- [a field of] standing [grain] to harvest
45)[line 19]סלעים ... דינרים ... שקל ... זוזSELA'IM ... DINARIM ... SHEKEL ... ZUZ (CURRENCY OF THE TALMUD)
(a)The relationship between the various coins mentioned in the Talmud is as follows:
1.1 Sela = 2 Shekel
2.1 Shekel = 2 Dinar
3.1 Dinar = 6 Me'ah
4.1 Rova Shekel (or Sela Medinah) = 3 Me'ah
5.1 Me'ah = 2 Pundeyon
6.1 Pundeyon = 2 Isar
7.1 Isar = 8 Perutah (or sometimes 6 Perutah - see Kidushin 12a)
(b)Another name for a silver Dinar a Zuz. All of the coins listed above are silver except for the Perutos, which are copper. (This is the understanding of most of the Rishonim. According to the ROSH 4:20, even the Pundeyonin and Isarin are copper.)
46)[line 19]לארוגLA'AROG- to weave
47)[line 20]היה יפה ששה דינריםHAYAH YAFEH SHISHAH DINARIM- if [the remainder of the job] is valued at six Dinarim (equivalent to one and a half Sela'im) [at current rates]
48)[line 21]נותן להן סלעNOSEN LA'HEM SELA- he must pay them a Sela [for the work that they performed]. The Tana Kama of this Beraisa disagrees with the Tana of our Mishnah, who rules that the employer has the upper hand when the workers back out (see Background to 75:47).
49)[line 21]אם סלעIM SELA- if [the remainder of the job is valued at] one Sela
50)[line 22]מה שעתיד להעשותMAH SHE'ASID L'HE'ASOS- [based upon the value of] what work remains to be done
51)[line 24]במה דברים אמוריםBAMEH DEVARIM AMURIM- when is it true [that workers who back out lose only one Sela according to the Tana Kama or one Shekel according to Rebbi Dosa]?
52)[line 24]דבר שאין אבודDAVAR SHE'EIN AVUD- a job that is not time-sensitive
53)[line 24]שוכר עליהןSOCHER ALEIHEN- he may hire [other workers at a higher rate and it is incumbent] upon them [to pay the difference]
54)[line 25]מטעןMAT'AN- he may trick them
55)[line 25]קצצתיKATZATZTI- I agreed to pay
56)[line 25]באו וטלו שתים!BO'U U'TLU SHETAYIM!- come and take two!
57)[line 27]ואמרV'AMAR- and [the worker] said
58)[line 28]תני תנא קמיה דרבTANI TANA KAMEI D'RAV- an Amora who was an expert is Beraisos taught [the Beraisa cited above] in front of Rav
59)[line 29]חביביCHAVIVI- my dear friend. This refers to Rebbi Chiya, with whom Rav was especially close. Rebbi Chiya was twice Rav's uncle, as he and Rav's father shared a father, and he and Rav's mother shared a mother. (Sanhedrin 5a)
60a)[line 29]אילו אנא הואיILU ANA HAVA'I- had I been there
b)[line 29]לא הוה יהיבנא להן אלא כפועל בטלLO HAVAH YAHIVNA LAHEN ELA K'FO'EL BATEL- I would not have given them any more than the amount that would have convinced them to take a day off of work
61)[line 31]לא סיימוה קמיהLO SIYEMUHA KAMEI- (the Gemara answers) they did not [manage to] finish [recounting the Beraisa] in front of him [before he interrupted with his retort]
62)[line 33]קשיא הךKASHYA HACH- this [Beraisa] poses a question [on Rebbi Chiya, who, as an Amora, was presumably not coming to disagree with a Tana]
63a)[line 33]הא דסיירא לארעיה מדאורתאHA D'SAIRA L'AR'EI MID'URTA- that [which the workers receive nothing is in a case] in which (a) they inspected his land on the previous evening [and agreed to the deal, failing to realize that it was flooded or to take into account that it would possibly rain overnight] (RASHI); (b) [the employer] inspected his land on the previous evening [and found it workable, in which case he is not held responsible since he acted as responsibly as he was able] (RAMBAM cited by HAGAHOS HA'GRA)
b)[line 34]הא דלא סיירא לארעיה מאורתאHA D'LO SAIRA L'AR'EI ME'URTA- that [which the workers receive payment like an idle worker is in a case] in which (a) they did not inspect his land on the previous evening [in which case it was the responsibility of the employer to specify that they would receive nothing if they found the field unworkable] (RASHI); (b) [the employer] did not inspect his land on the previous evening [in which case he is held responsible since he did not do everything in his power to insure that the workers would not go to his field for nothing] (RAMBAM cited by HAGAHOS HA'GRA)
64)[last line]דאגר אגירי לרפקאD'AGAR AGIREI L'RIFKA- who hired workers (a) to dig an irrigation ditch (RASHI); (b) to irrigate his field (RAMBAM cited by HAGAHOS HA'GRA)
65)[last line]מטראMITRA- rain